Legislation in South Africa

1. LAKEN MARAIS
2013

3. 
Process in which employee representatives & employer
representatives (Management) negotiate & interact,
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In attempt to reach agreements & uphold these agreements,
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Regarding matters that relate to or may impact on the
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The Collective Concept indicates the representatives who
Employment Relationship.
speak for these groups which they represent.

4. 
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PROCESS OF:
Meeting
Presenting demands
Counter-Demands & proposals (a demand made in response
to another demand).
Haggling (bargain persistently)
Convincing
Often threatening until agreement is reached
May be a tacit agreement (Understood and implied
agreement).

5. 
REPRESENTATION
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POWER
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COMMON GROUND
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CONFLICT

6. 
REPRESENTATION:
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It is of a democratic nature,
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The process is whereby elected representatives negotiate on
behalf of groups.

7. 
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POWER:
This is the ability of the parties who engage in the collective
bargaining process,
To influence each other towards mutually acceptable
agreements.
Each party has sufficient power to ‘hurt’ the other should it
be necessary during the process.

8. 
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COMMON GROUND:
This is the basic desire of all parties for a stable & ‘normal’
situation to be in place eventually,
So that day-to-day work can continue & the employment
relationship can be restored.
It is not in the interests of any of the parties to have a
complete breakdown of the process,
Some sort of on going, mutually beneficial relationship needs
to be maintained.

9. 
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CONFLICT:
This is rooted within the distribution of ‘fruits’ gained from
the productive processes & organisations.
In other words, while each party wants more from the other
party,
The resources are ultimately limited.

10. 
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This is a particular form of union security arrangement,
In terms of which all employees within a particular bargaining
unit,
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Are required either to belong to a particular trade union,
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Or to pay an agency fee to it.
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This type of arrangement is usually contained in a collective
agreement.

11. 
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This is in terms of which an employer & a majority union,
Enter into an agreement: That all employees covered by the
agreement (i.e. Bargaining unit),
Must become members of a majority union.
Employees are required to join a majority trade union under
duress (force).

12. 
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The aim of an agency shop is to ensure that non-union
employees, who nevertheless benefit from the union’s
bargaining efforts, make a contribution towards those efforts.
Closed shop agreements have a similar aim to agency shop
agreements, but compel non-union members to join the union
or face dismissal.
The right of employees to join trade unions of their choice is an
integral part of the general right to freedom of association.
These rights are guaranteed in the South African Constitution
and Labour Relations Act of 1995 (as amended).
Majority unions are now vigorously applying these agreements
(especially agency shop) to apply to members of minority unions
who may be sufficiently representative. Minority unions are thus
prejudiced to the extent that their existence in certain
workplaces or sectors is being threatened.

13. 
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Principles
The Confederation of South African Workers' Unions
Human-being being above all else including profit
Plural Democracy
Being Political but no alignment to any party or employer
Every person is entitled to a decent standard of living
No discrimination and no domination

14. 
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Closed shop agreements
A closed shop agreement makes it obligatory for all
employees covered by the scope of the agreement to belong
to a majority trade union. CONSAWU should challenge this on
the basis of the following:
It contravenes (Breaks) freedom of choice and association.
It contradicts the principle of democratic participation.
It promotes monopoly (possession of supply of trade), which
is a capitalist tendency.
It diminishes the chances of survival of smaller unions.

15. 
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Agency shop agreements
Agency shop agreements are different from closed shop
agreements in the sense that they do not directly compel
workers to join a particular trade union. CONSAWU believes it
is unfair for workers who do not belong to trade unions to
continue to enjoy the benefits derived from the work of trade
unions and their members.
CONSAWU should support agency shop agreements on
conditions that:
thresholds are not set at unnecessarily high levels;
fees for such agency shops are not set too high;
effective monitoring mechanisms are put in place to ensure
full compliance with the guidelines set out in the LRA in terms
of utilisation of such fees